HomeMy WebLinkAboutDEV 2017-0106; Campana, Manuel and Janine; 2017-0422015; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2017-0422015
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Sep 14, 2017 11 :36 AM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $27 00
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-220-59-00 -----------~ PROJECT ID: DEV2017-0106 'Q_ PROJECT NAME: 2139 Alga Road
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 504-4A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), and other good
and valuable consideration, receipt of which is hereby acknowledged, I/(We) Manuel R.
Campana and Janine Campana, trustees of the Campana Family Trust dated 10/6/1993, the
owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers,
agents and employees harmless from liability for injuries to any persons, or damage to or taking
of any property including public property, directly or indirectly caused by the geological failure of
any nature, type or cause or any subsequent damage that may occur on or adjacent to this
subdivision due to its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans
or permits by the City shall not constitute an assumption by the City of any responsibility for any
damage or taking referenced in this agreement. City shall not be responsible in any manner
whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
improvements made or done pursuant to the approved plans, nor shall any officer or employee
thereof be liable or responsible for any accident, loss or damage happening or occurring during
the construction work or improvements as specified in this agreement. The entire risk of any
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
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damage to public improvements caused by any geological failure referred to in this agreement
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
the City Engineer determines may fail and cause damage to public improvements. It is further
agreed that this agreement shall be binding on all heirs, successors or assigns having an
interest in all or any part of the property described herein.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this ----
day of ___ ~..,_/ ..... ,l_L/ ______ , 20 / 7
OWNER(S)
Manuel R. Campana and Janine Campana, trustees of the
Campana Family Trust dated 10/6/1993
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:~~
Assistant City Attorney
City of Carlsbad
Date:
Date:
0 /! K L o.-':-7
(Sign Here)
Manuel R. Campana, Trustee
(Print Name and Title)
Janine Campana, Trustee
(Print Name and Title)
F/c)v,/47
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary
or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
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CALIFORNIA ACKNOWLEDGMENT CERTIFICATE
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State Of: California
County Of: Contra Costa
On A4i;t · .24\h , 2017 b,,fore nw, Stephanie A. Islas, !::!qtary Publi<,, r1
persona appeared,JU.01 N; l.O...(h.po.t\ u\ ~I\ \ Ml Je,-f L ·
0 U... rt\..{)lU'\ °'--1 -who proved to me on the basis of satisfactory evidence
to be the perso@who~e nam · @ subscribed to the within instrument and
acknow~~ed to me that e executed the same in her/his/~uthorized
capacity~ and that by h~r/l:H5/ signatur~on the instrument~rsor@ or
the entity upon behalf of whicfi the perso~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNE
Seal
++o\l'l ~,( .s:~ A~~-
G l d o fM ~ fu \ \).,r{__, 'P ~ l r-_ -t1 ·= 1 Title of Document: ____ (J_' ____________ / J -21{)-S 1-U'--'
Total Number of Pages including Attachment: & : _s Lx
Notary Commission Expiration Date: Jan. 16, 2020
Notary Commission Number: 2140287
4. The Land referred to in this policy is described as follows:
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THAT PORTION OF LOT 156 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALJFORNIA, ACCORDING TO MAP THEREOF NO. 5781,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF.SAN DIEGO COUNTY, SEPTEMBER 14,
1966 AND AS SHOWN BY CERTIFICATE OF COMPLIANCE OF COMPLIANCE RECORDED
SEPTEMBER 22, 2006 AS INSTRUMENT NO. 2006-0676351_.Qf_ OFFICIAL RECORDS AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTI-lWEST CORNER OF SAID LOT 156, SAID CORNER BEING ON THE
SOUTHWEST SIDEUNE OF ALGA ROAD, A PUBUC STREET, AND ALSO BEING THE TRUE POINT
OF BEGINNING; THENCE ALONG SAID SIDEUNE SOUTH 50° 44' 00" EAST A DISTANCE OF
20.00 FEET; THENCE LEAVING SAID SIDELINE SOUTH 30° 10' 35" WEST A DISTANCE OF 101.27
FEET; THENCE SOlITH 50° 44' 00" EAST A DISTANCE OF 107.00 FEET; THENCE SOUTH 39° 16'
00" WEST A DISTANCE OF 193.44 FEET; THENCE NORTH 47° 21' 09" WEST A DISTANCE OF
138.24 FEET; THENCE NORTH 39° 16' 00" EAST A DISTANCE OF 158.36 FEET; THENCE NORTH
50° 44' 56" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 39° 16' 00" EAST A DISTANCE
OF 126.93 FEET TO THE TRUE POINT OF BEGINNING.
APN: 215-220-59-00
First American Title Insurance Company